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The Voice of the Child in Family Law Disputes

The Voice of the Child in Family Law Disputes

Author: Patrick Parkinson; Judy Cashmore
Publisher: Oxford University Press
ISBN: 9780199237791
Published In: December 2008
Format: Hardback , 256 pages
Jurisdiction: U.K. ? Disclaimer:
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Draws upon new research into the views and experiences of parents, children, and legal and social science professionals dealing with children in family law disputes
The UN Convention on the Rights of the Child makes issues of the voice of the child in parenting disputes relevant worldwide
A multidisciplinary author team provides important insights from both family law and psychology
Examines both legal and non-legal dispute resolution processes

When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard.

There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible?

This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.

Readership: Scholars and advanced students of family law, the legal process (particularly children and the legal process) and of law and society. Policy-makers, judiciary, and professionals involved in dealing with children in legal disputes, including child psychologists, court counsellors and mediators.

Preface
1: The Debate About Children's Voices
2: The Research
3: The Different Ways of Hearing the Voice of the Child
4: Children's and Parents' Views of Children's Participation
6: Children's Involvement in the Litigation Process
7: Judicial Conversations with Children
8: Towards a More Responsive Legal System
References
Index

Patrick Parkinson, Faculty of Law, University of Sydney, Australia, and Judy Cashmore, Faculty of Law, University of Sydney, Australia

"These two Australia-based heavyweights, family lawyer and child psychologist respectively, have synthesised their skills to address one of family law's most important pieces of unfinished business. They get to the point straightaway, which is that the broad international consensus that children should be heard does not extend to how best this may be achieved...They provide a literature review, very well informed by various disciplines and the experiences of a number of jurisdictions, laced with opinions garnered from all the relevant (Ausralian) players" - Chris Barton, Professor of Family Law and Vice-President of the Family Mediators Association, Family Law Journal